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Judge ruled against mutual agreed consent order

  • TAF
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2 years 9 months ago #498823 by TAF
after a 13 wk wait on our consent order which we both signed, the judge has come back in my favour saying i should also be awarded part of my exes pension (something he was desperate to not happen) however rather than delay things further and have a battle in court which could eat into my settlement can we now remove this from the court and just settle mutually out of court with our solicitor signing our agreement
i do not want to wait another 13 weeks for the judge to make another ruling based on my reply to the first. I also dont want to spend any further money on this
my ex has asked me to draw up an document document saying i wont touch his pension in the future but i see it that if he wants this drawn up then he should get it drawn up and paid for
we already have our decree [url=Glossary/General/Absolute.html ]absolute[/url] (which did actually state that if he did not pay within 21 days of absolute it incurred a 2% per annum interest) no mention of waiting for the consent order (his lawyer made an error there)
is the 2% immediate or will it pro rota throughout the year until its 2% if it doesnt say pro rota

i just want my settlement and to get out asap no more waiting
im worried my agreed settlement figure will be off the table if i pursue the judges questions or eaten up in court fees
any advice greatly received

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  • WYSPECIAL
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2 years 9 months ago #498833 by WYSPECIAL
Remember if the Court don't agree it then it isn't a Court Order and there is nothing to prevent you or your ex making claims in the future.

You really need a Court Order.

Did you actually attend so the judge could speak to you both about it?

You need to go back to whoever drew up the Consent Order for you and get their advice as to why it was rejected.

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  • TAF
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2 years 9 months ago #498835 by TAF
it was rejected because although he is giving me a lump sum, i agreed to no share of his very large pension (if i go for his pension it will be a long lengthly battle and i would rather have less now) i dont want to wait another 13 weeks to send back to the judge for more decisions
i think our other options is to settle without the consent order and just a written document with the solicitors and trust each other

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  • Clawed
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2 years 9 months ago #498837 by Clawed
If you go for the written document and trust you can go for his pension later and he can claim against you it leaves things open rather than being a clean break. We were eventually called to court to explain why I thought what we had agreed was fair, the first time the consent order was rejected I sent it back with a covering letter explaining our reasoning but probably because neither of us had taken legal advice it was rejected again. The re-submission and court appearance didn't cost anything or involve solicitors but did involve a wait. Could you take your settlement now on the basis of a written agreement and resubmit the consent order to get it signed by the court in the fullness of time.

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  • NoMoreMrs
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2 years 6 months ago #500772 by NoMoreMrs
Was your consent order sent to BSE?

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2 years 6 months ago #500773 by TAF
Yes it was bury st ed
I just sent an email explaining why I wanted the order the way it was and it was agreed and returned to me within 2 hours

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2 years 6 months ago #500774 by Clawed
Glad you got it sorted.

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